If you’re not David Gregory … D.C. prosecutes ordinary Americans for ‘high-capacity’ magazines

Washington Times ^ | January 4, 2013 | Emily Miller

[William Tell]

SJSAMPLE said: "He may have been carrying the banned magazines in his car, but he lacked the criminal intent."

Are you proposing that as an explanation or does the record indicate that?

Also, does "mens rea" require that one intended to commit a crime or intended to do that which is defined as a crime?

Obviously, the defendant in this case intended to possess that which was prohibited.

[SJSAMPLE]

But he didn’t intend to commit the crime, which is the element of mens rea.

The records show that he took every step to avoid committing a crime. That is enough to dismiss criminal intent.

[William Tell]

SJSAMPLE said: "The records show that he took every step to avoid committing a crime. That is enough to dismiss criminal intent."

I understand what you are saying.

But the defendant didn't do EVERYTHING he could do in order not to be breaking the law. He didn't study the laws of DC and he didn't avoid having the illegal magazines.

I'm not a lawyer and I am trying to understand under what circumstances a defendent is "not guilty" simply because he didn't know the law. In the last few days I have seen postings of the DC law and I don't recall seeing any mention of "intent".

Several years ago I travelled with firearms on a trip through the U.S., visiting about half of the states. Despite my best efforts I probably missed a few laws that could have gotten me in trouble. Would I have been "not guilty" because I didn't know, or just "not punished"?

[SJSAMPLE]

There’s always a certain amount of judicial restraint and even jury nullification in such matters. The defendant clearly showed that he tried to comply with the law and a wise judge with no axe to grind will respect that.

When travelling through the US, you’re also protected by the 1986 Firearms Owner Protection Act (FOPA). This act protects you if the firearms are legal at the point of departure and the point of destination, even if you’re travelling through anti-gun jurisdictions. The firearms must be unloaded and inaccessible. Of course, states like NY and NJ routinely ignore this federal law and detain citizens for periods of time, then drop the charges.